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In Major Reversal, EPA, Army Will Revise Definition of ‘WOTUS,’ Power Magazine

Thursday, June 10, 2021

Partner Duke McCall was quoted in a Power Magazine article after the US Environmental Protection Agency (EPA) and the Army Corp of Engineers issued a declaration requesting remand of the 2020 Navigable Waters Protection Rule, which the former administration made just last year. According to Duke, the legal definition of “waters of the United States” (WOTUS) will revert to the pre-2015 guidance. However, the pre-2015 guidance “will be in effect until the Biden administration completes step two, which is to promulgate a new rule, presumably that, again, tries to provide greater clarity in terms of scope, but is likely to be broader as well than the Trump-era rule.”

Read the full Power Magazine article >>